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Two Ramona medical pot shops can proceed

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The County of San Diego has determined that two medical marijuana dispensaries have the vested right to open in Ramona despite a moratorium, and has issued a 30-day public review of draft amendments to its ordinance addressing such facilities.

Comments must be received by 4 p.m. Sept. 9.

On May 16 the county Board of Supervisors adopted a 45-day moratorium on medical marijuana collectives, and on April 27 extended that moratorium up to 10 months and 15 days; however, some applicants said they had a vested right to continue and open once they received an operating certificate. Those applicants said they followed the county’s ordinance on medical marijuana collectives, had building permits, and had invested a lot of money.

After a review by county counsel, “vested rights were determined to be achieved for projects that had an approved building permit and made a substantial expenditure in reliance on that building permit,” said Alex Bell, group communications officer for the county’s Land Use and Environment Group.

Vested rights have been determined to be achieved for four locations:

1210 Olive St., Ramona

618 Pine St., Ramona

8530 Nelson Way, Escondido

8157 Wing Ave., El Cajon

The project scope for the building permits for the two Ramona locations and the Escondido address is for a dispensary and not cultivation, said the county. For the El Cajon site, where a dispensary is operating, the applicants were deemed to have a vested right for permitted cultivation, Bell said.

Ramona currently has one dispensary — ShowGrow at 736 Montecito Way, which had its operating certificate before the moratorium.

Once a project has completed the building improvements and received final occupancy for the permit, the owners can work with the sheriff’s department to obtain an operating certificate.

During the moratorium county staff was directed to draft revisions to the ordinance. Those were released Friday, Aug. 5, and provide seven options:

1. Require a 1,000 foot separation buffer from residential use rather than residential zone.

2. Increase sensitive land use (school, playground, park, church, recreation or youth center) buffer from 1,000 feet to 1/4 mile.

3. Increase sensitive land use buffer from 1,000 feet to 1/2 mile.

4. Increase sensitive land use buffer from 1,000 feet to 1 mile.

5. Require a 1,000-foot separation buffer from incorporated cities.

6. Requirement for a major use permit to be obtained prior to siting medical marijuana collective facility.

7. Limit the number of collective facilities to four per supervisorial district.

Each option addresses amortization for a collective that was lawfully established before the new ordinance takes effect. Such collectives must cease operations no later than five years from the date the new ordinance became effective, but could be considered for a six-month extension if financial hardship is determined, the options state.

Bell said the draft changes are expected to go before the supervisors this fall.

The moratorium will end once the board approves a revised ordinance that goes into effect, he said.

To view the draft amendments to the Medical Marijuana Collective Facility Ordinance, visit www.sandiegocounty.gov/content/sdc/pds/Public_Review_Non-CEQA.html. Copies are also available at the County of San Diego Department of Planning & Development Services, 5510 Overland Ave., San Diego.

For more information about the draft amendments, contact Joseph Farace at 858-694-3690 or joseph.farace@sdcounty.ca.gov.

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